Design Patents On Amazon: Explanation For Beginners

Hello everyone from Solver!

Today we continue our topic regarding intellectual property in the field of patents. We will talk about the design patents.

So what is a design patent, and what rights does it protect? A design patent is a form of legal protection for the unique visual qualities of a manufactured item. A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation, or both. Do not confuse design patents with copyright protection. A design patent may be granted if the item has a certain configuration and/or surface ornamentation, while the copyright protects images or slogans. A good example to understand the difference between a design patent and a copyright is the famous Coca-Cola 0.33 liter glass bottle. This bottle is protected by a design patent precisely because of its unique shape (configuration).

Now let’s touch on the topic of the parallel existence of design and utility patents for the same item. It is important to understand that these 2 types of patents protect completely different rights and may be registered for the same item simultaneously. At the same time, cardinally different people can be utility and design patents owners. But it must be borne in mind that if you have registered a design patent for your item for subsequent sale on Amazon, but at the same time, there is still a registration for another person of a utility patent for this item, then you need to take an approval from this person for a utility patent to start selling.

Like utility patents, design patents have three key criteria: novelty, originality, and сompliance with the country legislation in which you register the design patent.

Novelty. Your design must be new in the sense that no single, identical design exists in the prior art. Before applying for a design patent, your design must not have been published anywhere and by anyone (including you). This criterion for design patents is identical to that for utility patents. You can read more about this criterion in our post about utility patents.

Originality. According to this criterion, your design must be unique. Your design should not meet the eye of the average person daily. Obviously, a design that mimics a well-known or commonly found item or person is not original. It should have a certain feature to make your design stand out from the usual items. This criterion is subjective, as is utility patents’ “inventive step” criterion. Therefore, it is the most ambiguous to the other two criteria.

Compliance with the country’s legislation. This criterion is extremely simple. Your design must not be considered offensive to any race, religion, gender, ethnic group, or nationality. It must comply with the laws and mentality of the country where you will register the design.

We hope you find our series of posts on intellectual property and patents helpful. If you still have questions or are faced with the problem of patent infringement, we will be glad to help you!